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13 May 2015, 1:13 pm by James Fox
  It was cited by supporters of the Reconstruction civil rights acts (and Justice Harlan in his dissent to the Civil Rights Cases) to support the power to legislate in favor of freedom and equal citizenship. [read post]
5 Apr 2018, 10:29 am by Andrew Hamm
Brandeis: A Life,” observes that Brandeis – the co-author of 1890 Harvard Law Review article, “The Right to Privacy,” and a dissenter in Olmstead v. [read post]
3 Oct 2020, 8:33 pm by Katie Barlow
The modern version of the committee confirmation process, with senators pressing nominees on their judicial views, started in 1955 when southern Dixiecrats wanted to grill John Marshall Harlan about his view of the court’s decision the previous year striking down school segregation in Brown v. [read post]
2 Jun 2008, 6:18 am
In 1938 Reed was appointed to the Supreme Court (the last justice to serve without a law degree; he nicely bookends his fellow Kentuckian John Marshall Harlan, who was the first). [read post]
27 Oct 2008, 6:33 pm
Brady, in Gideon, or striking down Plessy v. [read post]
6 Dec 2010, 7:51 pm by John Culhane
It’s hard to find an action that strikes more directly at the heart of the equality principle, and Romer famously began with a quote from Justice Harlan’s eloquent dissent in Plessy v. [read post]
28 Apr 2022, 8:30 am by Guest Blogger
Adams filled one (Trimble) and Hayes filled two (Harlan and Woods). [read post]
24 Jul 2008, 7:55 am
  His decision this week in McKithen v. [read post]
24 Jan 2012, 7:50 pm by LTA-Editor
” Justice Alito chose instead to focus on whether the investigative methods violated Jones’ reasonable expectation of privacy, a test first enunciated in Justice Harlan’s concurrence in Katz v. [read post]